Gibson v. Industrial Commission
| Decision Date | 06 May 1933 |
| Docket Number | 5271 |
| Court | Utah Supreme Court |
| Parties | GIBSON et al. v. INDUSTRIAL COMMISSION et al |
Original proceeding by Sarah J. Gibson and others, claimants for the death of Wheatley H. Gibson, husband and father of claimants, opposed by the Industrial Commission of Utah, the Campion Company, a partnership, employer, and the Commercial Casualty Company and another, insurers, to review a decision of the Industrial Commission denying an award to claimants.
AFFIRMED.
Willard Hanson, L. R. Rogers, and A. H. Hougaard, all of Salt Lake City, for plaintiffs.
Geo. P Parker, Attorney General, and Hamilton Gardner, of Salt Lake City, for defendants.
MOFFAT, J., did not participate.
The only question in this case is: Was Wheatley H. Gibson, the deceased husband of the applicant Sarah J. Gibson and the father of the other applicants in the case, an employee of the Campion Company, a partnership, at the time he met his death under his truck while hauling gravel for said partnership? The Industrial Commission held that said deceased was not an employee at said time, but was an independent contractor, and denied applicants' claim for an award. The facts of the case, as we get them from the testimony taken before the commission, are these:
Wheatley H. Gibson and one David H. Hadley were partners engaged generally in hauling gravel and digging foundations. J Campion and Frank Campion were partners engaged in building contracting. Prior to the accident the Campions were preparing for the construction of a building [81 Utah 582] at 2344 Washington avenue, Ogden, Utah. They consulted Gibson and Hadley as to the digging of the foundation and the hauling of the gravel for the building. The conversations between them resulted in an agreement of $ 100 for the foundation and $ 1.75 per load for the gravel as, and when needed--it was estimated that approximately 12 loads would be needed. The Campions directed the placing of the loads; directed the number of loads needed at specified times; requested that the foundation be finished at a certain time; inspected each load as to the quality of gravel; and at times requested loads that necessitated the hauling of gravel rather early in the morning. Gibson and Hadley furnished the trucks and gasoline; dug the foundation according to specifications submitted by the Campions; made changes in the specifications...
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